In the News

“He is Seeking to Gerrymander the Boundaries of Polite Society, ” Professor Keith Bybee Discusses Presidential Civility with the National Journal

Professor Keith Bybee spoke with the National Journal for an article on how Presidential civility has changed after the death of former FBI Director Robert Mueller.

“Stepping forward even a few terms, it looks very much like a different Republican Party,” said Bybee, author of How Civility Works. Bybee, director of the Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University, sees Trump’s latest outburst as both a case of “strategic incivility”—changing the subject away from the war and the economy—and a “deeper effort to redefine what constitutes the baseline of respect in our public life.”

 “He is seeking to gerrymander the boundaries of polite society,” said Bybee.

Professor Shubha Ghosh Discusses the Live Nation-Ticketmaster Antitrust Settlement

Crandall Melvin Professor of Law Shubha Ghosh spoke with The Verge on the recent Live Nation-Ticketmaster antitrust settlement with the Department of Justice.

In reaction to the settlement, Sen. Amy Klobuchar (D-MN) plans to introduce a new bill to strengthen courts’ review of antitrust settlements, including by empowering states to have a greater role and making sure courts can’t approve agreements that fail to resolve antitrust issues. 

Reviews under the Tunney Act (Antitrust Procedures and Penalties Act of 1974) are already meant to ensure that antitrust settlements are in the public interest, though Ghosh says it’s rare for a judge to throw out a deal altogether. Under the Tunney Act review, the court will evaluate whether the parties are likely to return over the same issues, and if the proposal creates new problems, he said.

Dean Terence Lau L’98 Speaks with the New York Times on Tariff Refunds

Dean Terence Lau L’98 spoke with the New York Times for an article on the complexities of refunding tariffs after the recent Supreme Court decision.

The administration initially tried to delay the legal proceedings around refunds. In a late-night court filing at the end of last month, the government proposed to halt the fight for about four months, but a panel of judges quickly rejected that request.

Lau said the actions reflected an effort by President Trump to introduce “administrative friction” around the $166 billion in tariff collections.

While Lau acknowledged that the refund process was so complex that it necessarily would take some time, he said the government’s court filings also showed “they are trying to narrow who gets refunds, and they’re stretching the timeline.”

Lau began his career in the Office of the General Counsel at Ford Motor Company in the International Trade and Transactions practice group. His practice focused on U.S. law for foreign affiliates and subsidiaries, among other topics. Later he served as Ford’s director for the Association of Southeast Asian Nations Government Affairs.

“Entirely Unpredictable,” Says Professor of Law Emeritus William C. Banks on the War in Iran

Distinguished Professor of Law Emeritus William C. Banks spoke with Salon on the Iran war.

Banks said that Trump’s handling of the conflict has been “entirely unpredictable” and said he advised against “putting faith” in the timelines previously suggested by the Trump administration, referring to Hegseth as “inexperienced.”

“Nobody knew anything. Nobody experienced the conflict yet,” Banks said. “So, I don’t think there is a timeline.”

Professor William Banks Speaks with The Guardian on Immigration Arrests on U.S. Military Base

Professor of Law Emeritus William Banks discussed possible Posse Comitatus Act violations during traffic stops on a U.S. Military Base in California with The Guardian. His comments are in the story, “‘We got hooked’: arrests on US army base spark fear of military coordination with ICE.”

The traffic stops and on-base detentions at Fort Hunter Liggett appear to violate the spirit of the Act and represent a “creep in the wrong direction toward military participation in law enforcement”, said Banks.

Banks also said the traffic stops at Fort Hunter Liggett set a dangerous precedent of harnessing military resources for domestic political goals.

Professor Katherine Macfarlane Comments on Department of Homeland Security’s Civil Rights Staffing

Professor Katherine Macfarlane, director of the Disability Law and Policy Program, spoke with Mother Jones for the article, DHS Axed Its Civil Rights Staff—And Opened the Door to a Major Lawsuit.

In the article, Macfarlane raised concerns that Troup Hemenway, the DHS’ Office for Civil Rights and Civil Liberties acting head, “doesn’t appear to have typically relevant civil rights expertise.”

Professor Katherine Macfarlane Comments on Department of Homeland Security’s Civil Rights Staffing

Professor Katherine Macfarlane, director of the Disability Law and Policy Program, spoke with Mother Jones for the article, DHS Axed Its Civil Rights Staff—And Opened the Door to a Major Lawsuit.

In the article, Macfarlane raised concerns that Troup Hemenway, the DHS’ Office for Civil Rights and Civil Liberties acting head, “doesn’t appear to have typically relevant civil rights expertise.”